Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1887-08-25

| chickens and went out on the street; q
Fourth and L saw Hsserty and woman
the woman wanted to fght, and used fou
Language; Hermann came Up l. street from
the direction of Third at pretty good gait
put his hand on the woman's arm AID said
a" put you under arrest" III be -
= if you dol" she replied you're nc
officer !" Hermann then said for them tc
go down into the alley and fight it out
Hagerty said he didn't want to fight; saw
the officers coming from Third and l..
moved across the street out of the way.
and stood there with four or five others
Hermann, Hagerty and the woman were
all disturbing am positive as to Hermann
remember his long-tailed coat he was not
drunk-not staggering. but kind of Iop-
sided.
Katie Dooley was the next witness.
Knew Hermann and Hagerty; had diff
menced abusing her in a saloon, and she
went after him to the corner; Hermann
came up and said, " am an officer and |
arrest you ;" | would not go with him and
he caught hold of me and tore nv dress
and made my arm black and blue: he
said If would not go down must 90 into
the alley and fight it out; l was willing,
put Hagerty was not; had seen both men
before and knew who they were when the
officers came Hermann started up ]. street;
when Lowell was taking me to the station
mouse L told him that Hermann had lust
as much right to be arrested as | bad |
was not so very drunk-remember eSrv-
thing that occurred; fight pretty easily
sometimes don't know whether Her
mann was drunk or not-certainly he
was not in his right senses.
captain OF Police Karcher testified that
Tor new officer, he never knew a better
one than Lowell. He was always cautious.
and, II in doubt, asked for advice.
Chief of Police Dillman said that officer
Lowell always conducted himself well.
referring to Hermann's testimony and
statements, he said that in conversation
with him he upraided Hermann for being
on L. street at that hour, and Hermann
answered that he lived at Twenty eighth
and streets, and come straight down L.
Ofhcer Lowell was next put upon the
stand. He gave the particulars concerning
the advent of the officers upon the scene
OF the difficulty, and that as they came up
the parties were having pulling and haul
ing match, with an accompaniment of noise
and gesture; Katie Dooley on the way to
statlon-house complained that Hermann
ought TO be arrested as he was urging the
light with Hagerty, and had torn her dress:
Tor that reason he witness preferred
the charge; had no spite nor malice
hermann never did him any harm, directly
nor indirectly. At the time of the trial of
witness father Hermann's father-in-law
wanted $1,000 from witness 10 leave the
State and go to Europe, claiming that his
testimony might be very damaging against
the defendant; if he got the money and did
not get away from the State, be would tes-
tty in Lowells favor; he didn't get any
SZ,oo0 to go to Europe on if there was any
enmity on Hermann's part against witness,
1t hight be because his folks did not get
the funds for the journey.
City Attorney Hart took the stand and
testified as to the trial of Hermann for dis
turblng the peace. McCormacks testi-
mony was so weak that witness moved TO
dismiss the case; Mccormack only testified
that 1t was his impression that Hermann
did some talking, but could not tell what
he said, and person could not be con-
vlcted OF disturbing the peace by simply
moving the lips. None of the other parties
testified. Katie Dooley pleaded guilty, and
testimony was introduced to show the ex-
tent OF her misconduct. 1t had been sug-
gested that she be put on the stand, but
witness thought it a trivial matter none
of the pillars of society had been seriously
disturbed, and the matter was not gone into
very fully.
Officer Sullivan was recalled for the pros
ecutiOL, Dul HlS testimony was more favor
able to the other side. Hermann was not
staggering when brought in, but had evil
IDENTIFY been drinking; it was more notice
able when he had been inside for awhile
than at first; noticed that Katie Dooley's
dress was torn, and her arm was black and
blue.
The case was submitted without argu-
ment. and after recess of five or ten
minutes Mayor Gregory read the following
as the decision of the Board, all their sig
natures being appended to it:
The evidence, we think, fails to stls-
tain the charges alleged. While the COM
plainant denies having been participant
in the case of the peace disturbance, there
is positive testimony showing that he not
only Extensively participated therein, but
that he represented himself as an officer,
and encouraged the fighting in the public,
street on Sunday morning. There is no
testimony showing ill-feeling or malice on
the part of officer Lowell The testimony
shows that the officer was fully justified in
making the arrest, and that he did his duty
in SO doing. The officer is therefore fully
eXonerated."